Patna High CourtCR. REV./202/2016dismissed

Chandra Kishor Munka v. State Of Bihar And ANR

2017-11-17Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.202 of 2016 ====================================================== Chandra Kishor Munka, son of Late Laxmi Ram Aggrawal, Resident of village and P.O.- Chausa, P.S.- Chausa, District- Madhepura .... .... Petitioner/s

Versus

1. The State of Bihar

2. Meena Devi, Wife of Sri Arjun Yadav, Resident of village- Chausa, P.S.- Chausa, District- Madhepura .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar Jha For the Respondent/s : Mr. Anita Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 17-11-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner has preferred this revision application against the impugned judgment and order dated 23.01.2016 passed by the learned Sessions Judge, Madhepura in Cr. Appeal No. 22 of 2015 thereby setting aside the trial court's judgment and order of acquittal and remitted back the same giving opportunity to adduce evidence.

Learned counsel for the petitioner submits that this case is of the year 2010 and much time has lapsed and judgment of acquittal was passed as there was no evidence found against petitioner.

However, on perusal of impugned judgment and order, closing of the prosecution case by the trial court was

Patna High Court CR. REV. No.202 of 2016 (3) dt.17-11-2017 2/2 contrary to the provisions of Criminal Procedure Code, even without being assured that summons were issued or not from the office; not to say of the service of summons, the evidence was closed so for that reason, the learned Sessions Judge has remitted back the case after setting aside the order of acquittal for trial afresh.

For the said reason, I do not find any ground for interfering with the impugned order passed by the learned Sessions Judge having no illegality or impropriety. The revision application stands dismissed.

However, it is observed that trial court shall expedite and conclude the trial expeditiously.

(Arun Kumar, J) Sujit/- U T